Budget 2009–10: Legal issues and the Attorney-General's portfolio
Access to justice
Moira Coombs
Indigenous Justice and the Northern Territory Emergency Response
The Government has announced major new resources in the area
of Indigenous justice of $80.2 million over four years under the Northern
Territory Emergency Response (NTER). This funding will continue the following
services:
- Night patrols
- Increase the capacity of the Northern Territory Aboriginal
Interpreter Service and Aboriginal legal aid services, and the
- Welfare Rights Outreach project.[1]
In 2008–09 Budget Paper No. 2, the Government in connection
with the NTER and the ‘Closing the Gap’ funding initiatives, provided an
allocation of $0.8 million to continue Indigenous interpreter services,
$2 million for additional legal aid services and $17.7 million for night
patrol services. It was stated that ongoing requirements in these areas would
be reviewed prior to the 2009–10 Budget and would be based on the evaluation.[2] The evaluation was set up in June 2008 by the Government and a Review Board
appointed to conduct an independent and transparent review of the first 12
months of the NTER. Its purpose was to assess its progress in improving the
safety and wellbeing of children and to assist residents of remote communities
of the Northern Territory to a better future. The report was released in
October 2008.[3]
Legal Aid Payments to the States and Territories
Payments made to the States for legal aid are now being made
under the new framework for Federal Financial Relations for the payment of
specific purpose payments. The new Federal Financial Relations framework is
being implemented in stages from 1 January 2009 and combined monthly payments
will be made from the Commonwealth Treasury to and through State and Territory
Treasuries. It will no longer be the responsibility of the Attorney-General’s
Department.[4]
Legal Aid
Prior to the Budget a joint press release was issued by the
Attorney-General Robert McClelland and Minister for Home Affairs Bob Debus
announcing the provision of one-off funding for legal assistance programs
focussing on early intervention and alternative dispute resolution. The
following additional one-off funding was provided for the following legal
services:
- $10.1 million for Commonwealth legal aid services;
- $4 million for Community Legal Centres;
- $6.2 million for Aboriginal and Torres Strait Islander Legal
Services.[5]
Press reports considered that the Budget figures for legal
aid ‘failed to support access to justice, with no new ongoing funding for legal
aid …’.[6] The Law Council of Australia’s president John Corcoran was reported as saying
‘the Government’s lack of support for the legal assistance sector was
disappointing, as demand for legal services soared’.[7]
[1]. Australian Government, Portfolio
budget statements, 2009–10: Budget related paper no. 1.2: Attorney-General’s Portfolio, Commonwealth of Australia, Canberra, 2009,
p.14.
[2]. Australian Government, Budget
measures, 2008–09, budget paper no.2, pp. 309, 317–8.
[3]. Northern
Territory Emergency Response Review Board, Report, Commonwealth of
Australia, 2008, viewed 19 May 2009, http://www.nterreview.gov.au/docs/report_nter_review/docs/Report_NTER_Review_October08.pdf
[4]. Australian Government, Portfolio
Budget Statements, 2009–10, p. 24.
[5]. R McClelland
(Attorney-General) and B Debus (Minister for Home Affairs), Funding for legal
assistance services, media release, 9 May 2009, viewed 18 May 2009, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2FSGIT6%22
[6]. N Berkovic, ‘No extra funds
for wanderers in court maze’, The Australian, 15 May, 2009, p. 28.
[7]. N Berkovic, p. 28
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